§ 15-20 — Remedies

Illinois § 15-20

• Jurisdiction: Illinois
• Topic: HUMAN NEEDS
• Ch. 330: VETERANS AND SERVICE MEMBERS
• Act 330 ILCS 61/: Service Member Employment and Reemployment Rights Act.
• Art.: Article 15 - Compliance

Text

(a) A court in its discretion may award actual damages or any other relief that the court deems proper. Punitive damages are not authorized except in cases involving violations under Section 5-15 and may not exceed $50,000 per violation. Reasonable attorney's fees may be awarded to the prevailing party, however, prevailing defendants may only receive attorney's fees if the court makes a finding that the plaintiff acted in bad faith. (b) The Attorney General may bring an action in the name of the People of the State against any employer to restrain by preliminary or permanent injunction the use of any practice that violates this Act. In such an action, the court may award restitution to a service member. In addition, the court may assess a civil penalty not to exceed $5,000 per violation of this Act. If a court orders a party to make payments to the Attorney General and the payments are to be used for the operations of the Office of the Attorney General or a party agrees, in an Assurance of Voluntary Compliance under this Act, to make payment to the Attorney General for the operations of the Office of the Attorney General, then moneys shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including, but not limited to, enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose. In any action brought under the provisions of this Act, the Attorney General is entitled to recover costs.

Legislative History

(Source: P.A. 100-1101, eff. 1-1-19 .)